DR.

RAM MAHOHAR LOHIYA NATIONAL LAW UNIVERSITY

LAW OF EVIDENCE

(SYNOPSIS)

DYING DECLARATION

SUBMITTED BY: UNDER THE GUIDANCE OF:

ASHISH AMAR TIWARI VIPUL VINOD

ENROLL NO: 150101030 ASSITANT PROFESSOR (LAW)

SECTION ‘A’ DR. RAM MANOHAR LOHIYA

B.A. LLB (Hons.), SEMESTER V NATIONAL LAW UNIVERSITY

SIGNATURE OF STUDENT: SIGNATURE OF PROFESSOR:

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ACKNOWLEDGEMENT:

I would like to express my special thanks of gratitude to my teacher, Mr. Vipul Vinod, who
gave me the golden opportunity to work on the project on the topic“Dying Declaration”. I
would like to thank you for giving me such a good topic to research on and for the help and
guidance which you gave me during the making of my project.

Secondly, I would like to thank my seniors who helped me a lot in finishing this project
within the limited time.

AIM AND OBJECTIVE OF THE PROJECT:

The aim of this document is to research on the concept of First Information Report in
Criminal Trial. Also, the aim of this document is to get enlightened about the different types
of difficulties one face in his/her day to day life and trying to get to a solution to resolve the
issue in hand.

RESEARCH METHODOLOGY
The methodology used in this project is Doctrinal Methodology.

Doctrinal research is concerned with legal prepositions and doctrines and in law field it
indicates arranging, ordering and analysis of the legal structure, legal frame work and case
laws to search out the new thing by extensive surveying of legal literature but without any
field work. Need of the Doctrinal Research is to solve the legal problem with a new output
within a short period of time with less expense by closely examining and analyzing the legal
doctrine, legal framework and case laws in a logical, systematic and scientific way.

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INTRODUCTION

A Dying Declaration means the statement of a person who has died explaining the
circumstances of his death. It can be said to be a statement made by a mortally injured person,
indicating who has injured them and/or the circumstances surrounding their injury. The injured is
aware that he/she is about to die and while the declaration is hearsay, it is admissible since it is
believed that the dying person does not have any reason to lie.

Nemo moriturus praesumitur mentire. No one at the point of death is presumed to

lie." "A man will not meet his Maker with a lie in his mouth" -- is the philosophy in law
underlying admittance in evidence of dying declaration. "A dying declaration made by
person on the verge of his death has a special sanctity as at that solemn moment, a person
is most unlikely to make any untrue statement. The shadow of impending death is by itself
the guarantee of the truth of the statement made by the deceased regarding the causes or
circumstances leading to his death. A dying declaration, therefore, enjoys almost a sucrose
not status, as a piece of evidence, coming as it does from the mouth of the deceased victim.
Once the statement of the dying person and the evidence of the witnesses testifying to the
same passes the test of careful scrutiny of the Courts, it becomes a very important and a
reliable piece of evidence and if the Court is satisfied that the dying declaration is true and
free from any embellishment such a dying declaration, by itself, can be sufficient for
recording conviction even without looking for any corroboration"

Sub-section (1) of Section 32 of the Evidence Act, any statement, written or verbal, of
relevant facts made by a person who is dead, or who cannot be found, or who has become
incapable of giving evidence, or whose attendance cannot be procured without an amount of
delay or expense which, under the circumstances of the case, appears to the Court
unreasonable, would constitute relevant facts. If as a result thereof, the Court is satisfied that
the statement made by a person who is now dead is relevant, the same becomes admissible in
terms of Sub-section, (1) of Section 32 of the Evidence Act.

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TENTATIVE CHAPERTISATION

 What is dying declaration in the law of evidence?

 Who can take a dying declaration?
 What is dying declaration Indian Evidence Act?
 Is a dying declaration an exception to hearsay?

REFERENCES

 PRIMARY SOURCES
 The Indian Evidence Act, 1872.

 SECONDARY SOURCES
BOOKS
 Dr Avtar Singh- Law of Evidence.
 Ratanlal and Dhirajlal- The Law of Evidence.
 Dr V Nageswara Rao- The Indian Evidence Act.

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